RADORABLES Terms and Conditions (“T&C”, "Terms of Service", “Terms”)
The RADORABLES Team are the creators / owners of the RADORABLES NFT collection and any reference herein to "RADORABLES ", the "RADORABLES team", "us", "we", "our", the "Project", etc. will imply the RADORABLES Team. By reserving a RADORABLES NFT you are explicitly accepting these T&C (with the proof of acceptance recorded in your order, which is publicly visible on the Radix distributed ledger).
RADORABLES is a collection of digital illustrations in the form of NFTs running on the Radix DLT Network. The RADORABLES website: www.radorables.com (the "Site", "website") is only an interface allowing participants to reserve digital collectibles. Users are entirely responsible for the safety and management of their own private Radix DLT Network wallets and validating all transactions and contracts generated by this website before approval or engaging with us. Furthermore, as the RADORABLES smart contract will run on the Radix DLT Network, there is no ability to undo, reverse, or restore any transactions.
This website and its connected services (including RADORABLES) are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving RADORABLES digital collectibles.
1. Ownership
1.1 General
You own the NFT. Each RADORABLES NFT is an NFT on the Radix Network. When you purchase an NFT, you own the underlying RADORABLES NFT illustration completely. Ownership of the NFT will be mediated by the future Smart Contracts, a Radix NFT Marketplace and the Radix DLT Network: at no point may we seize, freeze, or otherwise modify the ownership of any RADORABLES NFT (once it has been transmitted).
1.2 Personal use
Subject to your continued compliance with these Terms, The RADORABLES Team grants you a worldwide, royalty-free license to use, copy, and display the purchased NFT, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use and (ii) as part of a Marketplace that permits the purchase and sale of your RADORABLES NFT (provided that the Marketplace is also compliant with our Terms).
1.3 Commercial use
Subject to your continued compliance with these Terms, The RADORABLES Team grants you an unlimited, worldwide license to use, copy, and display the purchased NFT for the purpose of creating derivative works based upon the NFT (“Commercial Use”) you own. Examples of such Commercial Use would e.g. be the use of the NFT to produce and sell merchandise products (T-Shirts etc.) displaying copies of the NFT. For the avoidance of doubt, nothing in this section will be deemed to restrict you from (i) owning or operating a Marketplace that permits the use and sale of RADORABLES generally (provided that the Marketplace is also compliant with our Terms); or (ii) earning revenue from any of the foregoing.
1.4 The only limitation of use
The only personal and / or commercial limitation of use of a RADORABLES NFT is if they are used in a defamatory, derogatory or highly immoral way, or in a way in which it causes / can cause direct negative consequences to the project (image or otherwise). In such cases we reserve the right to seek a remedy, to request a cease and desist, or other ways to effectively prevent the RADORABLES NFTs from being used in such ways.
1.5 Ownership of The RADORABLES Team
The intellectual property that involves RADORABLES and its brand, illustration, logo, website imagery etc. is owned by the RADORABLES Team. All rights that are not specifically granted to the users and owners of RADORABLES NFTs below are reserved by the RADORABLES Team. This includes but is not limited to the intellectual property rights surrounding the RADORABLES name, brand, logo, illustration layer files, design, look and feel of the RADORABLES, the website, the smart contract code, or anything else not specifically granted by any following licenses.
The RADORABLES Team other than the rights to the NFT, nothing herein gives you any rights to any other Trademarks or other intellectual property rights belonging to The RADORABLES Team including, without limitation, to the RADORABLES Team and RADORABLES, and the associated logos and illustrations. All of these rights are expressly reserved in the name of the RADORABLES Team.
2. Prohibited uses / Your Obligations
You are solely responsible for your own conduct while accessing or using this website, and for any consequences thereof. You agree to use the website only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
3. Transactions, fees & Payment
If you elect to purchase a RADORABLES NFT through the website, any financial / crypto transactions that you engage in will be conducted solely through the Radix DLT Network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Radix DLT Network.
Radix DLT Network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Radix DLT Network. The Gas Fee funds the network of computers that run the decentralized Radix DLT Network. This means that you will need to pay a Gas Fee for each transaction.
4. RADORABLES are NOT an investment asset
RADORABLES are collectible digital illustration pieces that also function as fun and NFTs for people to collect. They are created as such and intended for people to enjoy collecting (e.g., use as a profile picture, avatar, on their T-shirt, as a sticker, etc.). They are NOT a financial instrument, investment asset or anything equivalent / similar (no matter how it might be referred to in other jurisdictions). RADORABLES make absolutely no representations nor claim anything that can be perceived as "value" or "investment" related. You explicitly acknowledge that you make no expectations of "yield", "profit", "investment" by reserving a RADORABLES NFT. Again, this is a collectible, that should only be reserved if you love its illustration and only for fun.
5. Disclaimers
You expressly understand and agree that your access to and use of the website is at your sole risk, and that the website is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we make no express warranties and hereby disclaim all implied warranties regarding the website and any part of it (including, without limitation, the website, any smart contract, future smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) your access to or use of the website will meet your requirements, (ii) your access to or use of the website will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the website will be accurate, (iii) the website or any content, services, or features made available on or through the website are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the website will be secure.
You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security.
We will not be responsible or liable to you for any losses you incur as the result of your use of the Radix DLT network, nor do we have no control over and make no guarantees regarding any Smart Contracts or future Smart Contracts.
6. Eligibility
Participation in the RADORABLES NFT Collection is open only to individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations. It is not available to Users who have had their user privileges temporarily or permanently deactivated. You may not allow other persons to use your user credentials, and you agree that you are the sole authorized user. You are not a citizen of a country or a company that cannot participate in the NFT / crypto markets or to which NFT / crypto offerings cannot be made without local regulatory approval. Certain citizens are not allowed to participate in certain markets and certain offerings cannot be made to them. Therefore, RADORABLES are not available for such individuals or companies that are not legally permitted to hold NFTs. It is your responsibility to ensure you follow your laws and do not abuse the terms of this website.
We are not addressing underage individuals. You agree that you are over the age of 18, or above the legal age of your jurisdiction (whichever is greater).
7. General Provisions
1. You comply with all laws, regulatory requirements, guidelines, rules and so on, as they are applicable to you and give all of the undertakings and warranties in these T&C on behalf of yourself and any person on whose behalf you are acting.
2. You have undertaken all inquiries and conducted all due diligence and taken such legal accounting and tax advice as you consider appropriate and acknowledge that the acquisition, possession or use of certain tokens may be prohibited or restricted by applicable laws, regulations, or rules in your local jurisdiction.
3. To the extent you are subject to any restrictions which apply to the purchase, receipt, possession, exchange transmission, of any NFT tokens in any jurisdiction, you will observe and comply, and continue to observe and comply, with all such laws, regulations and restrictions at your own expense and fully and effectively indemnify and hold the RADORABLES Team safe, its officers, members, shareholders, employees and agents, in relation to any losses demands or claim(s) resulting from your failure to do so.
4. All fiat / tokens consideration and value provided by you for any NFT tokens are not related to any unlawful activities, including but not limited to money laundering, terrorist financing, tax evasion, or other unlawful activity.
5. You will not procure promote or encourage through, or use the NFT tokens to finance, engage in, or otherwise support unlawful activities in any territory, and that all payments in fiat or tokens will be made by you only, in your name, lawfully authorized by you, from a digital wallet or bank account in accordance and compliance with all applicable local laws, regulations, rules and restrictions as may apply to such payments or transfers from time to time.
6. You are familiar with NFTs and how they work and that you fully understand these T&Cs and precisely what you are acquiring.
7. You are confident that you know enough about NFTs, smart contracts and the blockchain / distributed ledger to be able to make an informed decision about whether to bid for, buy or reserve an NFT.
8. You recognize the novel and evolving technology law and regulation relating to NFT Tokens (including RADORABLES NFTs). This is especially true on the Radix distributed ledger, which is under development.
9. You do not obtain the right to distribute or otherwise commercialize the NFT (unless subject to RADORABLES T&C, a Radix Marketplace T&C, and the applicable Royalties charge).
10. Not seek to hide your intentions or circumvent any rules that the RADORABLES team has set.
11. Only reserve NFTs for its illustration and not for speculative / investment purposes.
12. You will comply with all laws, regulatory requirements, and rules as are applicable to the acquisition, exchange, ownership, possession, use, sale, purchase or transmission of the particular NFT you are proposing to acquire and, if you resell it, ensure that your buyer is also made aware and accepts these T&C.
13. You acknowledge that even if you have purchased one or more RADORABLES NFTs, the RADORABLES NFT project / The RADORABLES Team might still use those images for promotional / commercial purposes or for enabling future utility.
14. If you are aware of any suspicious activities that make use or plan to use the RADORABLES project in an unlawful / deceitful way you will report them promptly to us.
15. You are not a Politically Exposed Person or "PEP" (or whatever other name this designation has in another jurisdiction).
8. Source of funds, wealth and sanctions
You warrant that:
1. The funds (in this context fiat or crypto tokens) used for settlement / donation / reservation are not connected with and have not been used in any criminal activity, including tax evasion.
2. You are not presently under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.
3. Whether you are buying / reserving / bidding / donating for yourself or where you are doing this as agent on behalf of any ultimate buyer(s) you have also complied with all applicable rules that may apply including customer due diligence, anti-money laundering, counter terrorist financing, sanctions laws, that the funds used for settlement are NOT connected with the proceeds of any criminal activity, including tax evasion.
4. You (including a buyer that you may represent) nor its wallet(s) is related or associated with a citizen or a resident that is the target of sanctions or embargoes imposed by the European Union, the United Kingdom, the United Nations or the United States.
5. You or the individuals associated with you are NOT identified on the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the US Department of State’s Debarred Parties List, or similar lists promulgated by the government of the European Union, the United Kingdom, or the United Nations.
9. Risk Assumption
By purchasing, holding and using an NFT, you expressly acknowledge and assume all risks associated with an NFT (currently known and potential future / unknown risks, including technological risks, operational risk, hacking risks, legal risk, tax risk and so on).
Similarly, you expressly acknowledge and assume all risks related to the Radix network, the RADORABLES NFT technology (in its code or wider), or any other system in relation to the use / operation of your NFT. For example, if security vulnerabilities / exploits or mishandlings (either malicious or unintentional) where to be found and exploited or misused, as a result of Radix itself, or the RADORABLES NFTs itself, or any other computer / operating system used and if this cause any type of damage / loss of profit to you then you agree to hold the RADORABLES harmless from this.
This is especially true for the Radix network which is under development and such unforeseen consequences may occur.
You accept and acknowledge each of the following:
1. To the extent that you sell your RADORABLES NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs might impact the price of your RADORABLES both positively and negatively. Given the volatility, NFTs such as RADORABLES should not be considered an investment. You assume all risks in that connection.
2. Ownership of a RADORABLES NFT confers ownership of digital illustration only. Accordingly, no information on this website (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, The RADORABLES Team has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the RADORABLES and the associated illustration is in compliance with laws and regulations in your jurisdiction.
3. You assume all risks associated with using an Internet-based currency / cryptocurrency / virtual currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
4. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your RADORABLES. You understand and accept all risks in that regard.
5. You assume all responsibility for any adverse effects of disruptions or other issues impacting Radix DLT Network, the Radix DLT Network platform or coding / programming error in relation to the NFTs.
10. Taxes
It is the buyer’s responsibility to ascertain and pay all taxes due, which may arise from minting, selling, owning or interacting with a RADORABLES NFT.
11. Royalties
Will be set at 10% and enforceable via the trading system on the VikingLand Radix NFT Marketplace.
12. Transfer of ownership
12.1 Initial NFT reservation
RADORABLES are currently reserved for the XRD amount as stated on the VikingLand Radix NFT Marketplace which equates to a trivial amount in fiat equivalent (as of when the initial reservations occurred).
We do reserve the right to lower the maximum amount that a wallet can hold and to adjust the reservation price per NFT.
12.2 Transfer of ownership
RADORABLES NFTs can be resold on the VikingLand Radix NFT Marketplace. This gives RADORABLES NFT holders the ability to easily buy and sell their beloved NFTs. All transactions over the Marketplace will be subject to the third-party Marketplace's T&Cs.
13. Limitation of liability
1. To the fullest extent permitted by law, you agree that in no event will the RADORABLES Team be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the service, products or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if the RADORABLES Team or a Radix NFT Marketplace or its service providers have been advised of the possibility of such damages; or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the service. Access to, and use of, the service, products or third-party sites, and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
2. The RADORABLES Team, at its sole discretion and only in specific and justified cases, may choose to provide a refund for the RADORABLES NFTs acquired. This will not exceed, in any cases, the total XRD or fiat equivalent (at the exchange rate in USD at the time of their reservation or "spot rate") for the NFTs that have been reserved by the individual receiving the refund and which are subject of the refund.
3. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
4. You are aware and accept that, as with any other venture, this project might fail. For example failure to complete the illustrations and to deliver it to the wallets which reserved the RADORABLES, in the form of NFTs in such undesirable cases the RADORABLES Team is not liable.
5. We disclaim any liability / responsibility that results (directly or indirectly) from potential technical failures, hacks, operational errors, malfunctions or the Radix distributed ledger itself (or equivalent Radix technology) and the way in which The RADORABLES Team might have programed / delivered / written the code of the RADORABLES NFTs (in case of hack, malicious misuse or error). In such cases the RADORABLES Team cannot be held liable.
6. In the event that you violate the Terms and Conditions or other laws and regulations you should give us appropriate / commensurate compensation and pay for all costs incurred therefrom (including attorney fees etc.). If the compensation does not offset the actual losses you should give additional compensation.
7. You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
8. You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of the amounts you actually paid us under these terms in the 12 month period preceding the date the claim arose.
9. You acknowledge and agree that we have made the website available to you and entered these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein. We would not be able to provide the website to you without these limitations.
10. Other T&Cs:
1. Please observe our Data Protection Policy
2. Please note that typically "force majeure" clauses apply
By reserving / purchasing / selling / buying / donating of a RADORABLES NFT (or a NFT reservation) you declare that you comply with all T&Cs enclosed herein. Generally, you are declaring and acknowledging that you are acting in good faith and comply with all applicable laws, you are not sanctioned and declare that the money used in connection to any sale / donation / reservation comes from legitimate sources and the intention of every dealing with us (or with a potential future buyer of the NFT) is legitimate. You are not connected (directly or indirectly), nor plan to facilitate any type of illegal activity by way of a RADORABLES NFT. This applies to you as a holder of the NFT and to any other persons that might purchase the NFT from you (i.e. they need to comply with the same T&Cs as here). Lastly, you acknowledge that you are purchasing a NFT for fun / its illustrations / as a collectable and NOT as an investment product of any form.
14. Indemnity
You agree to indemnify, defend and hold harmless the RADORABLES Team and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Governing Law
These T&C and all matters related to it and/or any Licensed NFT shall be governed by, construed, and enforced in accordance with the laws of Federal Republic of Germany, as they are applied to agreements and disclaimers entered into and to be performed entirely within Germany and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.
16. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on the website “radorables.com”. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
17. Children
RADORABLES, this website, our services, etc. are not intended for children or underage individuals (i.e. below the age of consent). You must be at least 18 years old and at least the legal age of consent in your jurisdiction (whichever is higher) to access this website or purchase a RADORABLES NFT. If not, you are not permitted to use this website or our services for any reason. By accessing the website, you represent and warrant that you comply with this age requirement.
18. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You may choose to submit comments, bug reports, ideas or other feedback about the website or our services, including without limitation about how to improve the website or our services or NFT collection (collectively, “Feedback”) on our email address (radorables2022@gmail.com) or on our Social Media addresses. By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you, and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.
20. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. Contact Information
If you have any questions or concerns, please contact: radorables2022@gmail.com.
22. Conclusion
You acknowledge and agree with all the above T&C. You will only trade your RADORABLES NFT in accordance with the T&Cs and only via a Radix NFT Marketplace (which is likely to have their own T&Cs).
As a responsible operator we remind you that:
1) NFTs are not endorsed by any financial institution, nor government, nor are they regulated
2) The NFT market is brand new, with no clear and stable expectations
3) NFT ownership / trading is highly risky and is not suitable for most people
4) Due to the formulation or modification of national laws, regulations and regulatory documents, digital asset transactions / ownership (including NFTs, Crypto, Radix, etc.) may be suspended or prohibited at any time
5) Blockchain / Distributed ledger technology and Non-Fungible Tokens ("NFT") represent a novel technology that is fast evolving, with existing laws and application of existing laws unclear, impractical and with little to no guidance available.
If you breach any of the T&C that entitles us to refuse to complete, to terminate or to cancel all and any agreements we have with you or process any sale, deliver any NFTs or register you to bid for any NFT and that you will have no recourse against the The RADORABLES Team for doing so.
We disclaim all responsibility if you act illegally, unlawfully, deceitfully or break any of the T&C and you have held us harmless from claims and their associated costs (subject to these T&C).
The right of final interpretation of the Terms and Conditions is owned by the RADORABLES Team.